What is Judicial Bill and how Modi Govt Passes its first test in Parliament: Explained

Bangalore, Aug 14: Finally Naredra Modi government passed its very first test at Rajya Sabha where the government does not enjoy a majority. After Lok Sabha, now Rajya Sabha too passed the Judicial Bill scrapping the Collegium system.

Know all about Judicial Bill and its importance:

India earlier used to follow collegium system while appointing Supreme Court judges. According to collegium system, senior apex court judges used to select other judges.

Now, as the Judicial Bill has been passed, a six-member committee would appoint the judges of the Supreme Court. High Courts too will follow the same procedure.

The six-member committee comprises -- the Chief Justice of India, the next two most senior judges of the Supreme Court, the Law Minister, and two eminent persons.

The two eminent persons would be selected by a committee that is headed by the Prime Minister and the leader of the largest opposition party (currently, the Congress).

The Judicial Bill ensures the prominent roles of Prime Minister and Law Minister, i.e. central government, in the appointment of judges in the apex court.

If two people in the panel do not agree, appointment will not happen. President can return recommendation for reconsideration for once.

The two eminent persons will be appointed for 3 years and they will not be re-nominated.

Why did Congress oppose the Judicial Bill initially?

The biggest opposition party in the Lok Sabha -- Congress had opposed the bill asking Modi govt to drop one feature from the bill to create National Judicial Appointments Commission (NLAC).

That controversial feature said that if the President of India rejects a candidate sent for consideration by the six-member committee, then all committee members have to take decision unanimously if they want to recommend the same judge.

Opposing the feature, Congress said that as a member of the committee, the Law Minister could veto the candidate. This would force the committee to drop the judge because of the emphasis on unanimity.

To ensure the Congress' support for the proposal, the government dropped the "unanimous" provision.

Why does Modi govt want Congress's support in Rajya Sabha?

The government has a comfortable majority in the Lok Sabha, but in the Rajya Sabha, it has just 60 of the House's 250 members, so it needs the Congress' support.

Advantages of Judicial Bill:

Judges will no more have power to choose other judges. Parliament, armed with expertise of legal luminaries, would have a strong say in the procedure of appointing apex court judges.

Govt to lay down a set procedure for appointment of judges to higher judiciary.

Govt to have more power while appointing a judge and raise objection at elementary stage of selection and cancel a candidature.

Disadvantage of Judicial Bill:

More political intervention in the process of appointing a Supreme Court judge.

Threat to judicial independence as political parties may strike a deal over a candidature.

Intelligence report can be cited by political parties to scuttle chances of a candidate who may not find favour with such parties.